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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cunningham v. Spiers and Co [1866] ScotLR 2_206_1 (17 July 1866)
URL: http://www.bailii.org/scot/cases/ScotCS/1866/02SLR0206_1.html
Cite as: [1866] ScotLR 2_206_1, [1866] SLR 2_206_1
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SCOTTISH_SLR_Court_of_Session
Page: 206↓
Court of Session Inner House First Division.
v.
Facts:
Motion to have a case tried at the Glasgow Circuit refused.
This is an action of interdict for infringement of a patent for improvements in the weaving of shawls, in which issues have been adjusted. The pursuers gave notice of trial for the ensuing sittings which they countermanded, giving at the same time a new notice for the Christmas sittings.
Guthrie Smith, for the defenders, now moved the Court to fix the trial to take place at the Glasgow Autumn Circuit. The proceedings were commenced in May 1865, and the defenders were entitled to have the case tried before Christmas. Besides, the case would be much more advantageously tried at Glasgow, where the jury might have a view of machinery such as used by both parties, which they could not have in Edinburgh.
Watson, for the pursuers, opposed the motion.
The motion was refused. The Court did not think there was much in the suggestion of the advantage to be derived from a view, and similar cases had been often satisfactorily tried in Edinburgh with the assistance of models. They did not see any reason for interfering with the notice given for the Christmas sittings. But they fixed the trial to take place then.
Solicitors: Agents for Pursuers— Hamilton & Kinnear, W. S.
Agent for Defenders— Macnaughton & Finlay, W.S.